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2010 (12) TMI 958 - MADRAS HIGH COURTInvestment allowance - denial of claim on the ground that the aerated waters manufactured by it contained blended flavouring concentrates - Held that:- Synthetic essences are clearly blended flavouring concentrates - amendment that was effected in the year 1988 for the purpose of introducing an explanation under Entry No.5 with the proposed amendment seeks to provide that the blended flavouring concentrate appearing in item 5 would include synthetic essence in any form - amendment was made effective from 1st April, 1 988, therefore, does not in any way have the effect of denuding the original entry of a part of it's content. The synthetic essence being but one form of a blended flavouring concentrate was a blended flavouring concentrate before the amendment as also after the amendment. The order of the Tribunal holding that the assessee, despite being engaged in the manufacture of a product which is covered by Entry 5 of the eleventh schedule, is entitled to investment allowance, therefore, cannot be sustained. In favour of revenue.
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